Professor of Law
Co-Dean for Faculty Scholarship
Rebecca Roiphe joined the faculty in 2007 after teaching for two years at Fordham Law School. Professor Roiphe has her Ph.D in American History from the University of Chicago and her J.D. from Harvard Law School. After graduating from law school, she clerked for the Honorable Bruce Selya on the United States Court of Appeals for the First Circuit and served as a Golieb Fellow at New York University School of Law. Professor Roiphe also worked as an associate at Wilmer, Cutler & Pickering LLP and as an Assistant District Attorney in the New York County District Attorney’s Office where she prosecuted money laundering, securities fraud, and corporate crime.
Professor Roiphe studies the history of the legal profession, focusing on the interaction between lawyers’ work and the rhetoric or ideals of professionalism. Drawing on her experience as a prosecutor in New York as well as her training as a historian, Professor Roiphe uses the history of the profession to explore how ideals of independence have persisted as the daily occupation of lawyers has changed. As the legal market puts pressure on lawyers to respond to client demands, Professor Roiphe believes it is even more important to try to distill what it is, if anything, that makes a profession distinct and socially useful. In a series of articles and most recently in a book project, she has looked to history to help answer this question.
May Federal Prosecutors Take Direction From the President?, 87 Fordham L. Rev. (forthcoming 2019).
Can a Good Person Be a Good Prosecutor in the Era of Krasner and Sessions?, Fordham L. Rev. Online (forthcoming 2018).
Judicial Activism in Trial Courts, N.Y.U. Survey of Am. L.(2018) (forthcoming) (with Bruce Green)
Does the President Control the Department of Justice, 70 Alabama L. Rev. (2018) (forthcoming) (with Bruce Green)
The Duty to Charge in Police Use of Excessive Force Cases, 65 Clev. St. L. R.505 (2017)
Rethinking Prosecutors’ Conflicts of Interest, 58 B.C. L. Rev. 463 (2017) (with Bruce Green)
The Decline of Professionalism, 29 Geo. J. L. Ethics 649 (2016).
Redefining Professionalism, 26 U. Fl. J. of L. and Pub. Pol’y193 (2016)
Behind the Nylon Curtain: Social Cohesion, Law, and the Disaggregation of American Culture, 32 Touro L. Rev. 63 (2016)
Tilting at Stratification: Against a Divide in Legal Education, 16 Nev. L. J. 227 (2015)
A History of Professionalism: Julius Henry Cohen and the Professions as a Route to Citizenship, 40 Fordham Urban L. J.33 (2012).
The Ethics of Willful Ignorance,24 Geo. J. of L. Ethics187 (2011).
Lawyering at the Extremes: The Representation of Tom Mooney, 1916-1939, 77 Fordham L. Rev. 1731 (2009).
Regulating Discourtesy on the Bench, 64 N.Y.U Ann. Survey of Am. Law 497 (2009) (with Bruce Green).
The Most Dangerous Profession, 39 Conn. L. Rev. 603 (2006).
The Serpent Beguiled Me: A History of the Entrapment Defense, 33 Seton Hall L. Rev. 257-302 (2003).
Comment, Proposed Anti-Paparazzi Legislation, 36Harv. J.L. on Legis.250 (Winter 1999).
Selected News Articles and Opinion Pieces
Paul Manafort’s Lawyers May Have Broken the Law: They Should Be Held Accountable, Slate (Sept. 19, 2018).
Pardoning Paul Manafort Might Not Be Such a Bad Idea if Manafort Wants to Take a Risk, USA Today (Aug. 27, 2017) (with Bruce Green)
Judge Kavanaugh and Justice Kennedy Do Not Have Conflicts of Interest, The Hill (July 13, 2018) (with Bruce Green).
Can the Rule of Law Survive Trump?, New York Review of Books Daily (June 1, 2018)
The President is Chief Executive But Does Not Control the Mueller Probe, The Hill (March 26, 2018) (with Bruce Green)